Constitution

The Constitution is HSAA’s highest expression of the collective will of the membership of the Union. It stands as the ultimate authority upon which every decision is based. As such, it can only be amended by a 2/3 vote of the delegates at Convention or a special meeting.

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Preamble - June 5, 2019

1.01

The Constitution as set forth in this document shall represent the highest expression of the collective will of the membership of the Union and shall be and remain the basis upon which the Union shall function

Objectives

2.01

The name of the union is the “HEALTH SCIENCES ASSOCIATION OF ALBERTA” (hereinafter referred to as the “Union” or “HSAA”).

3.01

To secure for members, fair terms and conditions of employment.

3.02

To apply for certification as a bargaining agent on behalf of employees or groups of employees pursuant to the provisions of the Labour Relations Code, Public Service Employee Relations Act, or the Canada Labour Code and to enter into collective agreements with employers on behalf of employees.

3.03

To regulate relations between members and their employers.

3.04

To cooperate and deal fairly with employers in adjusting difficulties which may arise between employers and employees.

3.05

To promote the continuation of high standards of patient care.

3.06

To promote progressive and oppose regressive legislation, particularly in the areas of labour relations, labour standards, health care and human rights.

3.07

To cooperate with professional associations on matters of common interest and concern.

3.08

To cooperate with unions and organizations of unions in order to promote the above objects 3.06 and 3.07.

4.01

Subject to its policies and financial capabilities, the Union will:

  1. Support labour education for its members;
  2. Support educational programs to enhance the health-care employment
    skills of its members;
  3. Provide bursaries to members, spouses and children/dependents of
    members enrolled in programs of studies in pursuit of a recognized diploma,
    degree or certificate at any post-secondary educational institution;
  4. Grant financial assistance to members of the Union and their immediate
    relatives who are, or were, dependent on the member.

5.01

  1. To acquire lands, by purchase, lease, or otherwise, and erect, lease, or
    otherwise provide a building(s) for Union purposes; and
  2. To sell, manage, lease, mortgage, dispose of, or otherwise deal with
    property of the Union.

6.01

To do all other things as are incidental or conducive to the attainment of the above Objects.

Location

7.01

The operations of the Union are to be carried on in the Province of Alberta.

INTERPRETATION

8.01

In this Constitution, all references to days shall mean calendar days unless expressly stated otherwise.

MEMBERSHIP

9.01

Any person who is employed in a profession or occupation providing services of a health or social sciences nature is eligible for membership in the Union.

9.02

Any person who is employed in an occupation in support of services of a health or social sciences nature is eligible for membership in the Union.

9.03

Any person or group of employees deemed by the Board of the Union to share a community of interest with the membership of HSAA is eligible for the class of membership it designates.

9.04

The members of the Union shall be the subscribers to the Constitution and such
other persons as are admitted as members of the Union.

9.05

 Any person who is permanently employed in an out-of scope capacity with an employer signatory to a collective agreement with the Health Sciences Association of Alberta is ineligible for membership.

10.01

Membership in the Union shall consist of the following classes:

  1. Active members;
  2. Inactive members;
  3. Retired members;
  4. Associate members;
  5. Honorary members;
  6. Student members.

10.02

A member in good standing is one who complies with provisions contained in the Constitution of the Union.

10.03

A person who obtains membership through fraudulent means is not a member.

11.01

Active membership is open to any person employed in a bargaining unit represented by the Union, whether through certification, voluntary recognition, or who may be included in an application for certification on behalf of the Union.

11.02

An active member is subject to the provisions of the Constitution with respect to:

  1. Applications for membership;
  2. Obligations for payment of fees and assessments; and
  3. The provisions for suspension, fines and other discipline.

11.03

An active member is entitled to hold office and vote on all matters in accordance with the Constitution.

11.04

Active members will include:

  1. Those on an approved leave of absence;
  2. Those on lay-off/recall from their employer for the longest period of recall rights provided by any HSAA collective agreement;
  3. Those who have been dismissed and are represented by the Union through the grievance/arbitration procedure, until the dispute has been resolved;
  4. Casual employees who have contributed dues in the previous twelve (12) months; and
  5. Those who are serving in an elected position of the union, or its affiliates, where the operation of the applicable collective agreement would lead to a termination of their employment as a result of the leave requirements to fulfill their initial and/or subsequent terms of office.

11.05

As per 11.04 above, active members shall notify the HSAA office to maintain their membership benefits.

11.06

 Any member who is in a temporary out-of-scope position shall not be eligible to:

  1. vote; or
  2. hold office; or
  3. attend membership meetings

11.07

 An active member 30 years of age and younger will be considered a young worker.

12.01

Any member from whom dues are no longer deducted, except one who is an active member as provided in Article 11.04, shall be an inactive member.

12.02

 Inactive members are not eligible to:

  1. vote; or
  2. hold office

12.03 

Subject to the above, the Board may, at its discretion, designate the rights, duties and obligations of inactive members.

13.01

Any member 55 years of age or older and who ceases employment in a bargaining unit covered by an HSAA collective agreement, is a retired member.

13.02

Retired members may, at their own expense, attend the convention of the Union.

13.03

Retired members may, at their own expense, attend a Labour Relations Conference of the Union.

13.04

 Retired members are not eligible to:

  1. vote; or
  2. hold office

13.05

 Retired members may pay an annual membership fee as determined by the Board.

13.06

 Subject to the above, the Board may, at its discretion, designate the rights, duties and obligations of retired members.

14.01

Associate membership is open to:

  1. Any employee who would be eligible for active membership if HSAA were the certified bargaining agent; and
  2. Any person who would, if employed, be eligible for active membership and does not meet the eligibility criteria for any other class of member.

14.02

Application for associate membership shall be made to the Board. The decision of the Board to grant or deny such membership shall be final.

14.03

 Associate members are not eligible to:

  1. Hold a Board of Director position.

14.04

Subject to the above, the Board may, at its discretion, designate the rights, duties and obligations of associate members including:

  1. The right to vote at any meeting(s); and
  2. The payment of fees

15.01

The Board may award honorary membership to a person who has rendered outstanding service to the Union and is not eligible for active membership.

15.02

Honorary members shall be entitled, at their own expense, to attend the convention of the Union.

15.03

 Honorary members may, at their own expense, attend a Labour Relations Conference of the Union.

15.03

Honorary members are not eligible to:

  1. Vote;  or
  2. Hold office.

15.04

Honorary members will not be required to pay any fees or assessments.

15.05

Subject to the above, the Board may, at its discretion, designate the rights, duties and obligations of honorary members.

16.01

Student membership is open to any student engaged in a course of studies leading to certification for a discipline for which HSAA is the certified bargaining agent.

16.02

Student members are not eligible to:

  1. Vote; or
  2. Hold office.

16.03

Subject to the above, the Board may, at its discretion, designate the rights, duties and obligations of student members.

17.01

All members of the Union will:

  1. Recognize and observe the Constitution of the Union;
  2. Recognize and respect the right of the Union to adopt and enforce reasonable rules as to the responsibility of every member toward the Union; and
  3. Pay to the Union such lawful fees and assessments as established pursuant to the Constitution.

18.01

Applications for membership are submitted to the Union. The Board can refuse any application for membership. A membership card will be issued.

18.02

The Board of Directors may refuse membership for reasonable cause. Reasonable cause shall include, but not limited to, the fact that an applicant for membership has:

  1. crossed a lawful picket line of this or another union without permission.
  2. accepted employment as a replacement for an employee not at work due to a strike or lockout.
  3. acted to prevent a union from obtaining or maintaining a certification for any unit of employees.

18.03

Every applicant for membership shall have a right to appeal and shall not be denied membership on a discriminatory basis.

19.01

Anyone applying for membership will pay fees and/or assessments as determined by the Board or the membership.

19.02

 The dues of the Health Sciences Association of Alberta shall be 1.4 percent of gross earnings.

19.03

 Any change to annual dues for the following fiscal year shall be voted upon by the members at convention.

19.04

 Any proposal to decrease annual dues can only be brought to a convention on recommendation of the Board of Directors, to take effect the following fiscal year.

19.05

 With a majority vote of two-thirds (2/3) of its members, the Board of Directors may temporarily increase your current dues by up to 15 per cent of daily gross, if:

  • The Strike Fund drops below 50 per cent of what it was before the strike started or
  • it drops to less than $1,000,000 and
  • the increase is used only for the Strike Fund

19.06

 Extra dues will be assessed if you work within your bargaining unit when your own bargaining unit is on a lockout or strike.  These dues will be deducted from your paycheque.  This includes when you are required by law to provide essential or emergency services.  In these cases, you will pay dues of 30 per cent of your daily gross pay (before deductions).  These dues will be in addition to your regular dues and will be put into the Strike Fund.

19.07

 Extra dues assessed if you work during an alternate job action.  This could include escalating strikes, when increasing numbers of members go out on strike.  This could also include rotating strikes, when different sites go out at different times.  The Board of Directors and bargaining committee may decide together if you will be assessed these dues.  In these situations, you may pay dues of 30 per cent of your daily gross pay (before deductions).  These dues will be deducted from your paycheque.  These dues will be in addition to your regular dues and will be put into the Strike Fund.

19.08 

The monies generated from these higher-level dues shall be used to equalize the impact of the strike among those deemed essential and non-essential employees in accordance with applicable agreements between the Union and the Employer.

19.09

 Any member who is not deemed essential and reports for work shall be fined by HSAA an amount equal to 100 per cent of their daily gross pay (before deductions).  Any member who fails to comply with the payment of the fine imposed under this constitution shall cease to be a member in good standing until such fine is paid.

19.10

 HSAA may, on approval of the Board and subject to a majority vote at a convention, levy special assessments on its dues payers.

20.01

The Union shall maintain a Strike Fund, whose assets shall be used only for the following purposes:

  1. For strike pay and expenses related to strikes, lockouts and other work stoppage situations involving HSAA members’ and
  2. Upon a two-thirds majority vote of the Board of Directors, to make interest- free loans to other striking unions where the Board deems such loans to be in the interests of HSAA members.

20.02

The Union shall maintain a Defense Fund, whose assets shall be used only to defend HSAA members in situations that raise fundamental challenges to union principles, standards and practices, and that require the development of legal and/or lobbying and political campaigns.

21.01

An individual may withdraw from membership by notifying the Board, in writing, and returning their membership card. Anyone who withdraws forfeits all rights and benefits of membership.

21.02

An individual shall not resign membership in the Union during a strike or lockout if the resignation has or may have the purpose or effect of avoiding obligations under this Constitution with respect to strikes or lockouts.

22.01

In cases of new bargaining certificates organized using membership cards an initiation fee must be paid, even if the applicant has previously been a member of the Union.

22.02

Except for an individual who has withdrawn from membership, or as provided in Article 21.01, anyone who:

  1. Has previously been an active member in good standing; and/or
  2. Returns to employment in a bargaining unit represented by the Union is automatically reinstated to active membership.

MANAGEMENT OF THE UNION

23.01

There shall be a Board of Directors (referred to in the Constitution as the “Board”) which shall be composed of:

  1.  President*
  2. Vice-President*
  3. Board members elected to represent their respective districts as provided in Article 24 – Representation.

* Executive Officers

24.01

Board Members will be elected to represent the following HSAA districts:

  1. North;
  2. Central;
  3. Edmonton;
  4. Calgary; and
  5. South.

24.02

Districts shall elect Board Members as follows:

  1. Edmonton and Calgary shall each be entitled to five (5) District Board representatives; and
  2. North, Central and South shall each be entitled to two (2) District Board representatives.

25.01

Each group of HSAA members may define itself as a “local unit” of HSAA, with consideration to the following principles:

  1. Members covered under the same bargaining certificate existing at the same site are encouraged to amalgamate into one local unit, unless there are historical and/or functional reasons not to do so.
  2. Members covered by separate bargaining certificates existing at the same site may opt to amalgamate, but may be better served with coexistence as two local units, and are encouraged to work jointly on issues not related to their specific bargaining certificate.
  3. Members covered by the same bargaining certificate with small numbers at multiple sites may wish to act as one local unit.

25.02

Local units must notify HSAA of changes to configuration of their local unit (i.e., amalgamation) and are encouraged to do so in a timely fashion.

25.03

Local unit reconfigurations and the structure of newly organized units shall be subject to approval by the HSAA Board.

25.04

Local unit representatives include a local unit chair, or two (2) co-chairs, group representatives and/or other positions as determined by the local unit. These local unit representatives shall form the local unit executive.

25.05

The role of the local unit executive is to advocate for and engage their members.

25.06

Local unit representatives are not authorized to bind the organization contractually, except as expressly delegated by a duly authorized officer of HSAA.

25.07

Local unit representatives are elected by members of the local unit for a term of up to three years, and may be re-elected for successive terms.

25.08

Stewards

  1. A steward is a member in good standing who represents and defends the members of their local unit.
  2. Elections and Terms of Office:
    1. Stewards shall be elected by their local unit for a term of three (3) years and may be elected for successive terms.
    2. Voting will be conducted as part of the AGMM process.
    3. If a steward is unable to complete the term of office, the local unit may hold a by-election to replace the steward and notify the HSAA office of this change.

25.09

Removal of a Local Unit Executive Member

A Local Unit Executive member may be temporarily removed from office for the duration of an investigation by a seventy-five per cent (75%) majority vote of members of the Board of Directors. Allegations of a breach of the Code of Ethics contained in the Constitution may be made by a member in accordance with article – “Charges” – or by an Executive Officer if it is deemed that such action is in the best interest of the Union.

Within fifteen (15) days of receipt of the complaint, the Board shall assign an investigator who shall be supplied with:

  • A copy of the complaint
  • A copy of the relevant sections of the Constitution
  • Contact information of the complainant(s), respondent(s) and known witnesses; and
  • Any other relevant information or documentary evident.

The investigator shall report their findings including recommendations for redress, if any, to the board of directors. If removal from office is recommended, the board shall call a General Membership Meeting of the Local Unit to ratify or reverse the recommendation of the investigator within thirty (30) days of the meeting at which the board receives the report. Any other recommendation for redress shall be in accordance with the Article – Charges.

A vote to remove the Local Unit Executive member must carry by a sixty-six and two thirds per cent (66 2/3%) majority of those members voting at the General Membership Meeting.

If quorum at a General Membership Meeting cannot be achieved, the Board will make a final decision.

25.10

Removal of a Local Unit Executive

In cases of emergency an Executive Officer may remove a Local Unit Executive from office. Allegations of a breach of the Code of Ethics contained in the Constitution may be made by a member in accordance with article – “Charges” – or by an Executive Officer if it is deemed that such action is in the best interest of the Union.

The executive office will appoint an interim representative who shall be responsible for the governance of the local unit.

A meeting of the Board of Directors will be convened within 14 days to review and approve or overturn the decision. For approval a seventy-five per cent (75%) majority vote of members of the Board of Directors is required.

Should the decision for removal be approved the Elections/Credentials Committee shall initiate by-elections within 6 months.

Should the decision for removal be overturned the local unit executive shall be reinstated without delay.

ELECTIONS / REPRESENTATIVE POSITIONS

26.01

Only active members in good standing are eligible for nomination, election or appointment.

26.02

President or Vice-President

Any active member in good standing of the Union is eligible for nomination for the position of President or Vice-President.

26.03

District Board Members

  1. To be eligible for election in a district, a member must be employed in a bargaining unit in that district.
  2. In situations where a member works in more than one district, that member must choose which district to run for in any given year and they cannot represent more than one district at any given time.
  3. A member of the Board whose term does not expire at the next convention may only run for a vacant district board position if they resign their current district board position prior to the call for nominations.

26.04

Any member who occupies a representative position with HSAA shall automatically vacate the office if they accept an out-of-scope position (management exempt) which places them in a conflict of interest with their union duties.

26.05

A member may only accept a nomination for one position in each election (i.e., President or Vice-President).

26.06

Local Unit Executive

To be eligible for election to the local unit executive, a member must be a member in good standing of that local unit.

26.07

HSAA Representatives on All Joint Employer/Union Committees

HSAA representatives on all joint Employer/Union committees, including Joint Workplace Health and Safety and Employee/Management Advisory Committees, must be duly appointed by an appropriate HSAA governing body.

27.01

All elections shall be determined by a single ballot; the member(s) with the largest number of votes will be declared elected. Where two Board positions are vacant, the member with the second largest number of votes will also be elected.

27.02

All elections shall be held by secret ballot, which may include electronic methods.

27.03

President and Vice-President

Subject to Article 31, election for the office of President and Vice-President shall occur in odd numbered years.

  1. Nomination:
    1. Any ten (10) members in good standing may nominate an eligible member for the position of President or Vice-President.
    2. The nomination must be signed by the nominators and by the nominee to indicate their willingness to stand for election.
    3. Nominations will begin after January 1, as determined by the Elections/Credentials Committee. Nominations must be received by the prescribed deadline.
    4. Where there are no nominations for President or Vice-President, the Board will determine the process of issuing a further call for nominations and elections.
  2. Election:
    1. Each active member in good standing of the Union will receive one ballot for each position.
    2. Ballots will be processed in accordance with the procedure determined by the Elections/Credentials Committee. Except for Vacancies in Mid-Term, or where no candidate is nominated after the first call for nominations, elections for Executive Officers will be completed no later than February 28.
    3. In the event that there is only one candidate, that candidate will be acclaimed.
    4. The President and Vice-President are sworn in and take office at the conclusion of the convention, or June 15, whichever occurs first.
    5. Subject to the above, the election procedure shall be determined by the Elections/Credentials Committee and approved by the Board.
    6. The elections of the President and Vice-President will be on separate ballots.

27.04

District Board Members

  1. Nomination:
    1. Any five (5) members in good standing in a district in which an election is to be held may nominate an eligible member to the Board.
    2. The nomination must be signed by the five (5) nominators and by the nominee to indicate their willingness to stand for election.
    3. Nominations will begin after March 1, as determined by the Elections/Credentials Committee. Nominations must be received by the prescribed deadline.
  2. Election:
    1. Each active member in a district in which an election is held will receive an electronic ballot.
    2. Ballots will be processed in accordance with the procedure determined by the Elections/Credentials Committee. Except for Vacancies in Mid-Term, or where no candidate is nominated after the first call for nominations, elections will be completed no later than April 30.
    3. In the event that there is only one candidate in a district, that candidate will be acclaimed.
    4. The Board Members so elected are sworn in and take office at the conclusion of the convention, or at the first Board meeting after June 15.
    5. Subject to the above, the election procedure shall be determined by the Elections/Credentials Committee and approved by the Board.

28.01

The President and Vice-President shall each serve a term of two (2) years.

28.02

 The District Board Members shall each serve a term of three (3) years.

28.03

 The District Board Members take office at the conclusion of the convention, or the first Board meeting after June 15.

28.04

 If elected mid-term the newly elected Executive Officer or Board Member is sworn in and takes office at the next Board meeting.

29.01

Elections for District Board Members will be held in rotation so that not all positions are vacant in any year. The rotation will be determined by the Elections/Credentials Committee.

30.01

The following Oath of Office shall be administered to newly elected/or re-elected Board Members and Executive Officers at the convention or at their first meeting of the Board, as appropriate:

I,______________________. promise that I will truly and faithfully carry out my duties as a member of the Board of Directors to the best of my abilities.

I promise that I will uphold the Constitution and principles of the Union.

I commit that in good faith I will support and promote the policies of the Union.

I will endeavour to build harmony and solidarity in the Union and the labour movement.

I will promote a harassment-free and discrimination-free environment and work to ensure the human rights of all members are respected.

I pledge that I will support other affiliates of the Canadian Labour Congress in their struggles and will not attempt to recruit their members.

VACANCIES IN MID-TERM

31.01

Should the President vacate the position in mid-term, the Vice-President will assume the office of President, and:

  1. If the vacancy occurs within the first year of the term, the new President shall complete the term; and
  2. If the vacancy occurs after the first year of the term, but before the final six months of the term, the new President shall complete the term and serve for an additional two-year (2) term.

31.02

Should the Vice-President vacate the position within the first 18 months of the term, a by-election will be called by the Elections/Credentials Committee within 90 days of the vacancy in order to fill the position.

  1. If the by-election occurs within the first year of the term, the new Vice-President shall complete the term.
  2. If the by-election occurs after the first year of the term, but before the final six months of the term, the new Vice-President shall complete the term and serve for an additional two-year (2) term.

31.03

Should the Vice-President vacate the position within the final six months of the term, the Board shall elect a replacement from among its membership who will complete the term.

31.04

In the event that both Executive Officer positions become vacant simultaneously, within the first 18 months of the term, a by-election will be called by the Elections/Credentials Committee within 90 days of the vacancy in order to fill the positions.

  1. If the by-election occurs within the first year of the term, the new Executive Officers shall complete the term.
  2. If the by-election occurs after the first year of the term, but before the final six months of the term, the new Executive Officers shall complete the term and serve for an additional two-year (2) term.

31.05

In the event that both executive officer positions become vacant within the final six months of the term, the Board shall elect an acting President only, from among its membership, who will complete the term, and a by-election will be called as necessary.

32.01

If a member of the Board is unable to complete their three-year (3) term, the Elections/Credentials Committee shall arrange for the election of a replacement from that district. If only one member is nominated, the Board shall appoint that person to fill the vacancy.

32.02

Should the term remaining for the newly elected/appointed Board Member be six (6) months or less they shall serve the balance of the term and, in addition, the following three-year (3) term of office.

33.01

The President or Vice-President shall automatically vacate their office if:

  1. They resign in writing under their hand or has been deemed to resign under this article;
  2. They are removed from office by a vote of two-thirds (2/3) majority of a duly convened general meeting of the Union;
  3. They are found to be of unsound mind;
  4. They become ineligible for active membership in the Union;
  5. They are no longer employed in an HSAA bargaining unit and the provision of Article 11.04 (e) do not apply; and
  6. They miss more than one-third (1/3) of the regularly scheduled Board meetings during any year of their term without valid reason acceptable to the Board.

33.02

Any member of the Board shall automatically vacate their office if:

  1. They resign in writing under their hand or has been deemed to resign under this article;
  2. They are removed from office by a vote of two-thirds (2/3) majority of a duly convened general meeting of the Union;
  3. They are found to be of unsound mind;
  4. They become ineligible for active membership in the Union;
  5. They are no longer employed in a bargaining unit in the district in which they were elected; and
  6. They miss more than one-third (1/3) of the regularly scheduled Board meetings during any year of their term without valid reason acceptable to the Board.

In the event that a member of the Board vacates their office before the annual convention, the vacancy will be filled pursuant to provisions contained in the Constitution.

34.01

The President, Vice-President or any other member of the Board may be temporarily removed from office for the duration of an investigation by a seventy-five per cent (75%) majority vote of members of the Board, where allegations of a breach of the Code of Ethics contained in the Constitution have been made in accordance with Article Discipline of Members.

34.02

 Within fifteen (15) days of receipt of the complaint, the Board shall assign an investigator who shall be supplied with:

  • A copy of the complaint
  • A copy of the relevant sections of the Constitution
  • Contact information of the complainant(s), respondent(s) and known witnesses; and
  • Any other relevant information or documentary evidence

34.03

The investigator shall report their findings including recommendations for redress, if any, to the board of directors. Notwithstanding Article – Special Meetings, if removal from office is recommended, the board shall call a Special Meeting to ratify or reverse the recommendation of the investigator within thirty (30) days of the meeting at which the board receives the report. Any other recommendation for redress shall be in accordance with Constitution Article – Charges.

34.04

A vote to remove the President, Vice-President or any other member of the Board must carry a sixty-six and two thirds per cent (66 2/3%) majority of delegates voting at the Special General Meeting.

35.01

The Board of Directors shall grant a leave of absence to any of its members in accordance with any applicable legislation.

35.02

The Board may grant any other leave of absence at its discretion.

35.03

If the Board approves a leave of absence request from a Board Member of longer than six months, it will arrange for an election of a temporary replacement as per Article 32.01 and 32.02, Vacancies in Mid-term/District Board Members. The term of office of the temporary Board Member so elected shall terminate when the Board Member on leave returns to their position or the term expires.

DUTIES AND POWERS OF THE BOARD

36.01

The duties of the Board shall be, in addition to any duties described elsewhere in the Constitution or otherwise implied by the Constitution:

  1. To formulate policy on issues affecting the Union and manage its affairs between general meetings;
  2. To meet to conduct its business as often as required;
  3. To consider all matters placed on the agenda by the District Board Members for such meetings and to take such action on each item as the Board may consider wise;
  4. To appoint such committees as are necessary for the functioning of the Union and to further its objectives;
  5. To appoint a Discipline Committee in the manner provided for in Article 52.10(c) and 52.12(c);
  6. To appoint representatives to affiliated labour organizations and advocacy bodies;
  7. To have in charge the general interests of the Union and its members in the intervals between general meetings;
  8. To ratify the appointment of the Executive Director and Executive Liaison;
  9. To establish the policy governing all Union publications;
  10. To appoint the auditors of the Union and ensure that the books of the Union are audited each year, or as often as required during the year;
  11. To report on its activities to the membership at its general meetings; and
  12. To determine, from time to time, the location of any office of the Union.
  13. To prepare and approve annual budget.
  14. Represent HSAA to external bodies as delegated or assigned.

36.02

Board of Directors Authority During Job Action

In case of any job action involving HSAA and its members, the Board of Directors will have the authority and responsibility, subject to express provisions of this Constitution, to determine appropriate policies and procedures. Without limiting the generality of the foregoing, and regardless whether the job action is initiated by HSAA, by another Union, or by the employer, the Board of Directors has the authority:

  1. To set and revise job action pay.
  2. To establish conditions for receiving job action pay, which may include a requirement to perform an amount of picket or alternate duty.
  3. To determine which members are assigned to perform essential services.
  4. In the case of a job action initiated by HSAA, to determine the timing and duration of strike at any facility.

37.01

The Board shall have the right:

  1. To borrow money in the name of the Union and to limit the amount to be borrowed;
  2. To issue bonds, debenture stock, debentures, notes and other negotiable securities in the name of the Union;
  3. To sell, pledge, exchange or dispose of such bonds, debentures, debenture stock, notes and other negotiable securities at such prices, and under such conditions, as may be deemed the most expedient;
  4. To grant, bargain, sell, alienate, convey, confirm, assign, hypothecate, mortgage, pledge or charge, and cede and transfer all or any of the real and movable, freehold and leasehold, undertaking and business and other property, assets and rights of the Union, including uncalled capital, both present and future of whatsoever kind and wherever situate, to secure any such bonds, debentures, debenture stock, notes and other negotiable securities of any money borrowed or any other liability of the Union;
  5. To purchase, lease or otherwise acquire, alienate, sell, exchange or otherwise dispose of shares, stocks, rights, warrants, options and other securities, lands, buildings and other property, moveable or immovable, real or personal, or for any right or interest therein owned by the Union for such consideration and upon such terms and conditions as it deems advisable;
  6. For further clarity, the Board shall not authorize the use of HSAA funds or assets, including a loan or other financial support, to a third party in any manner that could reasonably be expected to:
    1. Cause HSAA’s tax exempt/not-for-profit status to be challenged; or
    2. Otherwise place HSAA’s tax exempt/not-for-profit status at risk.
  7. The Board shall exercise the right to issue debentures only under the authority of a Special Resolution which requires twenty-one (21) days’ notice and is adopted at a general meeting by a seventy-five percent (75%) vote of those members present and voting.

37.02

The Board shall not exercise any of its powers in such a manner as to violate any provisions of this Constitution.

38.01

Signing Officers for any financial transactions are:

  1. President;
  2. Vice-President;
  3. Executive Director; and
  4. Executive Assistant to the President/Board.

38.02

Any financial transaction will require the signatures of two (2) signing officers, at least one of whom shall be an Executive Officer.

EXECUTIVE OFFICERS

39.01

The President of the Union shall:

  1. Preside at general meetings of the Board;
  2. Act as spokesperson of the Union;
  3. Be the chief executive responsible for implementing the policy of the Union;
  4. Be the general coordinator of the Union;
  5. Be an ex-officio member of each standing committee named in this Constitution or discretionary or other committee established by the HSAA Board, with the exception of the Elections/Credentials and Discipline Committees;
  6. Ensure that the Board conducts itself in accordance with its own policies;
  7. Address disciplinary matters as per Constitution;
  8. The President may delegate some their duties.

39.02

The Vice-President of the Union shall:

  1. Assume the duties of the President in their absence;
  2. Act as Chair of the Finance Committee;
  3. Act as custodian of the funds and books of the Union;
  4. Oversee the expenditures in accordance with the votes of a general meeting, or of the Board;
  5. Ensure that all funds of the Union are deposited in the name of the Union, in a financial institution approved by the Board;
  6. Ensure that all payments by cheque are signed by two signing officers designated in Article 38.01;
  7. Ensure that a financial report is prepared annually, or as often as may be required by the Board;
  8. Ensure that the books of the Union are audited annually;
  9. Present the financial statements and approved budget at the convention of the Union;
  10. Make such reports, relating to the office as shall be required by a general meeting or the Board;
  11. Oversee committee(s) relating to the finances of the Union;
  12. Ensure that an accurate and true record of the membership is kept;
  13. Ensure that a full and accurate record of the proceedings of general meetings of the Union and the Board is kept;
  14. Address disciplinary matters as per Constitution
  15. Chair hiring committees for the Executive Director and Executive Liaison positions;
  16. Chair the bargaining committee for in-scope employees;
  17. Be an ex-officio member of each standing committee named in this constitution, discretionary or other committees established by the HSAA Board with the exception of the Elections/Credentials and Finance Committees; and
  18. The Vice-President may delegate some of their duties.